LITHUANIA Law and Practice Contributed by: Gintautas Šulija and Eduard Plešak, Šulija & Partners
2.10.2 Declarations Made Concerning Conventions Lithuania has made the following declarations. • Declaration under Article 39 (1)(a) of the Cape Town Convention – stating that all non-consensual rights or interest that under Lithuanian law have priority over an interest in an object equivalent to that of the holder of a registered international interest will have priority over a registered international inter - est, whether in or outside insolvency proceedings and whether such international interest registered before or after Lithuania ratifies the Protocol on Matters specific to Aircraft Equipment (the “Proto - col”). • Declaration under Article 39 (1)(b) of the Cape Town Convention – stating that nothing in the Cape Town Convention shall affect the right of Lithuania or a Lithuanian entity, intergovernmental organisa - tion or other private provider of public services to arrest or detain an object under the laws of Lithu - ania for payment of amounts owed to such entity, organisation or provider directly relating to those services in respect of that object or another object. • Declaration under Article 40 of the Cape Town Convention – stating that a non-consensual right or interest arising under the laws of Lithuania on the basis of which an object is seized or detained shall be registrable under the Cape Town Convention as if the right or interest were an international interest and will be regulated accordingly. • Declaration under Article 54 (2) of the Cape Town Convention – stating that any remedy available to the creditor under any provision of the Cape Town Convention that is not expressed therein to require application to the court may be exercised without leave of the court. 2.10.3 Application of Article XIII of the Protocol on Matters Specific to Aircraft Equipment Lithuania has not has not made a declaration under Article XXX(1) of the Protocol. Irrevocable deregistra - tion and export request authorisations (IDERAs) are not submitted to and not recorded with the Lithuanian civil aircraft register at this time. 2.10.4 Enforcement of Conventions In November 2022, the Supreme Court of Lithuania ruled that the EU does not have exclusive jurisdiction
over matters regulating the enforcement process of judgments from EU member state courts. Therefore, according to the Supreme Court of Lithuania, the pro - visions of the Cape Town Convention pertaining to the enforcement actions (protecting the interests of holders of security interests or international interests) do not apply in the absence of separate accession by the member state to this international treaty. Given the recent ratification of the Cape Town Con - vention by the Lithuanian Parliament, this case law is expected to change. However, no such changes are anticipated in the near future, as the law ratifying the Cape Town Convention came into force only on 1 July 2025. 2.10.5 Other Conventions Lithuania is also a party to the following major air law treaties: • the Chicago Convention on International Civil Avia - tion 1944, effective from 7 February 1992, and a number of protocols relating to its amendments; • the Warsaw Convention for the Unification of Cer - tain Rules Relating to International Carriage 1929, effective from 19 February 1997 and its Hague Protocol 1955, effective from 19 February 1997; • the Guadalajara Supplementary Convention to the Warsaw Convention 1961, effective from 9 March 1997; • the Tokyo Convention on Offences and Certain Other Acts Committed on Board Aircraft 1963, effective from 19 February 1997; • the Hague Convention for the Suppression of Unlawful Seizure of Aircraft 1970, effective from 3 January 1997; • the Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation 1971 and its Protocol 1988, effective from 3 Janu - ary 1997; • the Montreal Convention on the Marking of Plas - tic Explosives for the Purpose of Detection 1991, effective from 21 June 1998; and • the Montreal Convention for the Unification of Cer - tain Rules for International Carriage by Air 1999, effective from 29 January 2005.
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